The purpose of this directive is to establish a Policy and procedure to be followed in
the event an apparent criminal sexual assault of a patient or client occurs in any
facility of the Department of Mental Health.

II. Policy

It is the policy of the Department of Mental Health to provide a therapeutic treatment
environment which promotes human dignity. A patient or client who is an apparent victim of
criminal sexual assault is entitled to emergency care and treatment, and a full
investigation of the incident.

III.Procedure

A.Mental Health Centers

Each mental health center shall develop a procedure to give their staff guidance in the
event a client of the center is the apparent victim of a sexual assault. Such policy shall
include the requirement that Center staff notify the Office of Public
Safety as well as the local law enforcement agency with jurisdiction over the location
where the alleged assault took place.

B.Inpatient Facilities

1. Any employee who learns of an apparent sexual assault upon a patient, male or
female, shall immediately notify the Nurse Manager and Public Safety. Failure to report
such incidents or withholding information is a violation of this directive and may violate
the Adult Protection Act. Notice requirements of the Adult Protection Act are posted in
all patient wards and mental health centers.

2. The Nurse Manager and Public Safety shall make an immediate assessment of the
situation and contact the designated physician in charge. The physician shall render
necessary medical attention and assume responsibility for writing the necessary orders for
the patient to be expeditiously transported for medical care and performance of the sexual
assault protocol examination. The sexual assault protocol examination should be performed
at the community hospital designated by James F. Byrnes Center for Geriatric Medicine,
Education and Research. Patrick B. Harris Psychiatric Hospital patients will be
transported to the Anderson Area Medical Center. An employee from the patient's facility
shall accompany the patient to the hospital for the ensuing medical examination.

3. Public Safety shall investigate all incidents of alleged criminal sexual assault
occurring on Departmental property. If Public Safety's investigation and/or the medical
examination indicates it probable that a criminal sexual assault has taken place, the
physician in charge shall notify the Director of the treatment facility or his or her
designee, and Public Safety shall review the case with the appropriate Solicitor's Office.

4. Consensual sexual activity between patients sixteen years of age or older should not
be considered criminal sexual assault for purposes of this directive. The responsible
physician shall determine whether to send the patient for the sexual assault protocol
examination after considering the circumstances of the incident.

IV.Employees

If an employee is sexually assaulted on Department property, he or she shall be
transported to the Emergency Room at the nearest available hospital. The involved facility
shall provide transportation unless the victim has sustained serious injuries that require
transportation by ambulance. A complete investigation shall be conducted by the Office of
Public Safety.